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AF | BCMR | CY2005 | BC-2004-02613
Original file (BC-2004-02613.doc) Auto-classification: Denied

                             RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-02613
            INDEX CODE:       100.06
      XXXXXXXXXXXXXX   COUNSEL:  NONE

      XXXXXXXXXXXXXX   HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His narrative reason for separation be changed.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His discharge  for  unsatisfactory  performance  was  unfair.  He  was
discharged with a medical condition that  has  been  rated  30 percent
compensable by the Department  of  Veterans  Affairs  (DVA).   He  was
trying to complete technical training school with damage to  his  left
knee and the Air Force refused to diagnose and treat this condition.

In support of his request, applicant provided a copy of  his  DD  Form
214, Certificate of Release or Discharge from Active Duty.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 22 July 2003, for a
term of 4 years.

On 20 February 2004, he was notified  of  his  commander’s  intent  to
recommend  that  he  be  discharged  from  the  Air  Force  under  the
provisions  of  AFI  36-3208,  Administrative  Separation  of  Airmen,
(Unsatisfactory Performance) and receive an honorable discharge.   The
reason for this action was that he failed block 2 and 3 with scores of
50%, 35%, and 65%.  Minimum passing score was 70%.  He was advised  of
his rights in this matter and acknowledged receipt of the notification
on 20 February 2004.  He waived his right to consult with counsel  and
elected not to submit statements in his own behalf.  In a legal review
of the case file,  the  base  legal  office  found  the  case  legally
sufficient to support discharge.   The  discharge  authority  approved
the separation and ordered an honorable  discharge  without  probation
and rehabilitation.  He was separated from the Air  Force  on  4 March
2004, with an honorable service characterization  and  received  a  RE
code of 2C ”Involuntarily separated with an  honorable  discharge;  or
entry level  separation  without  characterization  of  service.”   He
served 7 months and 13 days on active duty.

On 26 October 2004, the applicant  was  informed  by  MRBR,  that  his
application could not be  processed  without  copies  of  his  service
medical records  (SMR).   On  29  November  2004,  the  applicant  was
informed by MRBR that DVA indicated his  records  would  not  be  made
available to support this case because his records are required for an
appeal to a rating decision.  He was given 30 days to provide comments
concerning his service  medical  records  and  any  other  information
relating to this application.  As of this date, no response  has  been
received.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing  law
or regulations.

2.  The application was timely filed.

3.  Insufficient relevant evidence has been presented  to  demonstrate
the existence of error or injustice.  After a careful  review  of  the
evidence  of  record,  it  appears  the  applicant  failed   to   make
satisfactory  progress  in  his  required  training  program  and  was
disenrolled  from  his  technical  training.   He   was   subsequently
separated for unsatisfactory performance with an honorable  discharge.
We are of the opinion that evidence has not been presented which would
lead us to believe that his discharge was in error or contrary to  the
governing Air Force instructions, which implement the law.  Therefore,
in the absence of evidence to the  contrary,  we  find  no  compelling
basis to recommend granting the relief sought in this application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of material error  or  injustice;  that  the
application was denied without a personal  appearance;  and  that  the
application will only be reconsidered upon  the  submission  of  newly
discovered relevant evidence not considered with this application.

_________________________________________________________________

The following members of the Board considered Docket  Number  BC-2004-
02613 in Executive Session on 13 January 2005, under the provisions of
AFI 36-2603:

                 Mr. Richard A. Peterson, Panel Chair
                 Ms. Jan Mulligan, Member
                 Mr. Garry G. Sauner, Member



The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 12 May 04 w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, SAF/MRBR, dated 26 Oct 04.
      Exhibit D. Letter, SAF/MRBR, dated 29 Nov 04.




      RICHARD A. PETERSON
      Panel Chair

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